In 2020, law professor Gerard Magliocca began researching the 14th Amendment’s Section 3, which prohibits individuals involved in insurrection from holding office.
“Section Three of the Fourteenth Amendment,” Magliocca wrote, “might apply to President Trump.”
“Is this for real or is this from somebody just angry at the president?” former Republican election lawyer Mario Nicolais recalled thinking.
After the Capitol attack on Jan. 6, 2021, interest in Section 3 surged.
Organizations such as Free Speech For People and CREW began using it to challenge Trump, and ultimately his presence on various state ballots.
Trump’s potential disqualification in Colorado and subsequent legal battles are at the center of this story, culminating in a 4-3 court ruling disqualifying him, pending further arguments.
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